Wi-Fi One, LLC v. Broadcom Corp.: En Banc Federal Circuit Holds That Time-Bar Determinations for Petitions for Inter Partes Review May Be Appealed

Fitzpatrick Case Update
January 8, 2018

On January 8, 2018, the Court of Appeals for the Federal Circuit, sitting en banc, issued a majority opinion holding that a determination made by the PTO concerning whether a petition for inter partes review (IPR) is time-barred under 35 U.S.C. § 315(b) is subject to judicial review.  Specifically, the Federal Circuit majority held that the limit on judicial review in 35 U.S.C. § 314(d), pertaining to institution decisions, does not apply to time-bar determinations under 35 U.S.C. § 315(b).

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